Bar Council of India Notice

Disclaimer & Confirmation

As per the rules of the Bar Council of India, an advocate is not permitted to solicit work or advertise. By clicking “I Agree” below, you acknowledge and confirm that:

you are seeking information about Advocate Manish Jha of your own accord and for your own information and use; there has been no advertisement, personal communication, solicitation, invitation or inducement of any kind whatsoever from Advocate Manish Jha or the chamber to solicit any work through this website; the information made available here is provided only on your specific request; and no information on this website is to be construed as legal advice, nor does its use create any advocate-client relationship.

⚖  E-397, 4th Floor, Tagore Garden Extension, New Delhi – 110027 Mon–Sat  ·  +91 98738 50301  ·  legal@advocatemanishjha.com
Advocate Manish Jha Criminal · Civil · Family Law — New Delhi ☎  Consult the Chamber
Home › Procedure & Practice — Appeals
Practice Explainer · Delhi High Court appellate structure

One Judge or Two: How Appellate Work Is Distributed in the Delhi High Court

The bench strength that hears an appeal is fixed by statute, the Letters Patent and the High Court's rules — and it determines everything from drafting style to the further remedies available. A practical map of the common appeal types.

Litigants are often surprised that their first appeal is heard by one judge while their neighbour's goes straight to two. Bench composition in the Delhi High Court is not administrative accident: statutes such as the Family Courts Act and the Commercial Courts Act mandate Division Benches for certain appeals, the Letters Patent creates the intra-court appeal from Single Judge to Division Bench, and the High Court's own rules and roster distribute the rest. Knowing the bench before filing shapes the memorandum, the interim strategy, and the route onwards to the Supreme Court.

The quick map

Appeal type (Delhi HC prefix)FromBenchSource of the rule
RFADecrees of civil courtsSingle Judge (as distributed)CPC S. 96; High Court Rules and roster
RSAFirst appellate decreesSingle JudgeCPC S. 100
FAOAppealable ordersSingle Judge (as distributed)CPC S. 104 / O. 43; Rules and roster
RFA(COMM) / FAO(COMM) / EFA(COMM)Commercial Courts and Commercial DivisionsDivision BenchCommercial Courts Act, S. 13 — Commercial Appellate Division
MAT.APP.(F.C.)Family Court judgmentsDivision BenchFamily Courts Act, S. 19(6)
LPASingle Judge judgments (chiefly writ)Division BenchLetters Patent, Cl. X; subject to S. 100A CPC
CRL.A.Sessions convictions etc.Single Judge generally; two or more judges where the BNSS so requires, including death sentence mattersBNSS; High Court Rules
ARB.A. / arbitration appeals (S. 37)Arbitration courts / Commercial DivisionCommercial Appellate Division (DB) where the Commercial Courts Act routes themA&C Act S. 37 read with Commercial Courts Act S. 13

The table states the ordinary pattern; the authoritative allocation is always the Delhi High Court Rules and the roster notified by the Chief Justice, which practitioners should verify for the matter in hand.

Three structural ideas behind the table

Statutory Division Benches

Where Parliament wanted appellate decisions of particular weight — family law outcomes, commercial money, capital sentences — it mandated plural benches. No roster can route these to one judge.

The intra-court appeal

The LPA gives Delhi litigants a second look within the High Court itself from Single Judge judgments, principally in writ matters. Its boundaries — no LPA from criminal jurisdiction, none from a pure Article 227 order, none where Section 100A CPC bars it — are jurisdictional and fought at the threshold.

Roster for the rest

Ordinary civil and criminal appellate work is distributed by the Rules and the roster. The distribution can change; the prefix on the cause list, not habit, is the safe guide.

Practical consequences

Drafting: a Division Bench memorandum in a commercial or matrimonial appeal should be built for two readers and a tighter clock — the Commercial Appellate Division works to statutory disposal timelines, and MAT.APP. benches expect focused challenges to findings rather than a re-run of the trial.

Interim relief: before a DB, interim orders need two minds; counsel should be ready with the narrowest sustainable protection rather than the widest conceivable one.

Mapping the route up: parties planning the litigation should count the tiers at the outset. A writ matter may travel Single Judge → LPA → SLP; a commercial appeal travels Commercial Court → Division Bench → SLP, with no intra-court stop; a Family Court decree goes straight to a Division Bench and then only to the Supreme Court.

Objections: maintainability before the wrong bench strength is a genuine objection, not pedantry — an appeal filed as an FAO that belonged to the Commercial Appellate Division invites return and limitation complications.

None of this affects where the appeal is filed — the Registry receives all — but it decides where it is heard, and sophisticated respondents scrutinise the label. When in doubt, the safer course is to characterise the dispute (commercial or not, Family Court or not, writ or supervisory) before choosing the appellate vehicle, because the vehicle chooses the bench.

Frequently Asked Questions

Which appeals must, by statute, be heard by two judges?

Two prominent examples: appeals from Family Court judgments under Section 19 of the Family Courts Act, 1984 (the MAT.APP.(F.C.) series) — Section 19(6) requires a bench of two or more judges; and appeals under the Commercial Courts Act, 2015 (RFA(COMM), FAO(COMM), EFA(COMM), and arbitration appeals routed through it), which go to the Commercial Appellate Division, constituted of Division Benches. Death sentence matters — confirmation references and the connected appeals — are likewise heard by at least two judges under the BNSS.

What is an LPA and when does it lie?

The Letters Patent Appeal is the intra-court appeal from a judgment of a Single Judge to a Division Bench of the same High Court, preserved in Delhi under Clause X of the Letters Patent. Its commonest field is writ proceedings: an LPA lies from a Single Judge's judgment in a writ petition (subject to the settled exclusions, such as orders in criminal jurisdiction and, ordinarily, supervisory orders under Article 227). Statutes can exclude it — Section 100A CPC bars a further intra-court appeal where a Single Judge has decided an appeal.

Where do ordinary civil appeals — RFA and FAO — go?

Regular First Appeals against decrees of district-level civil courts and First Appeals from Orders under Order 43 CPC are, as a general rule of distribution, heard on the appellate side by Single Judges, with the High Court Rules and the Chief Justice's roster governing allocation. Second appeals under Section 100 CPC are heard by Single Judges. By contrast, their commercial counterparts — RFA(COMM) and FAO(COMM) — are Division Bench matters because the Commercial Courts Act says so.

Why does bench strength matter strategically?

It fixes the next tier. From a Single Judge in a writ matter, an LPA may be available — a full intra-court round before any Supreme Court petition. From a Division Bench, the realistic next step is a special leave petition under Article 136. It also affects interim practice (two judges must agree), the formality of hearings, and in commercial appeals the strict limitation and case-management discipline of the Commercial Appellate Division.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 10 October 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.